Cases

Daikin Europe N.V. v Daikin International Ltd

Facts

The two Claimant companies were the European & UK subsidiaries of an international group of companies that were leaders in the airconditioning and flurochemicals markets. The companies were often referred to in the press as 'Daikin International'. The first Defendant company was incorporated in England and Wales under the name 'Daikin International Ltd'. The Claimants applied for a Glaxowellcome type injunction requiring the First Defendant company to change its name on the basis it was inherently deceptive (Glaxo plc v Glaxowellcome [1996] FSR 388). The Claimants sought an order against the existing members and a John Doe order to bind future company members (ie. those becoming members after the issue of the application and before the order was granted), following the decision in Halifax plc v Halifax Repossessions Ltd (CA) holding the court had no power to circumvent the statutory provisions requiring company members to pass a special resolution in order to change the company name.

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